ORDER

1. Common question for consideration in the three matters is the remedial action against unscientific disposal of e-waste resulting in contamination of ground water and soil acidification. E-Waste (Management) Rules, 2016 (EWMR) have been framed under the Environment (Protection) Act, 1986 (EP Act) and apply to manufacturer, producer, consumer, bulk consumer, collection centres, dealers, e-

retailer, refurbisher, dismantler and recycler involved in manufacture, sale, transfer, purchase, collection, storage and processing of e-waste or electrical and electronic equipment listed in Schedule-I, including their components, consumables, parts and spares which make the product operational.

2. Chapter II of the Rules specifies the responsibilities of manufacturer, producer, collection centres, dealer, bulk consumer, dismantler, recycler and State Governments.

3. Chapter III lays down the procedure for seeking and grant of authorization for management of e-waste.

4. Chapter IV deals with the procedure for storage of e-waste.

5. Chapter V provides for reduction in the use of Hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares.

6. Chapter VI deals with the duties of authorities, preparation of annual report, transportation of e-waste, accident reporting, liability of manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler. It is further provided that the collection, storage, transportation, segregation, refurbishment, dismantling, recycling and disposal of e-waste shall be in accordance with the procedures prescribed in the guidelines published by the Central Pollution Control Board from time to time. Implementation of e-waste (Management and Handling) Amendment Rules, 2011 shall be in accordance with the guidelines prescribed by the Central Pollution Control Board from time to time.1

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7. Question for consideration inter alia is whether in terms of the said rules, there is due enforcement of the Extended Producer Responsibility (EPR), authorization regime, collection and dismantling and other steps.

8. In first matter i.e. OA 512/2018, this Tribunal first considered the matter on 10.08.2018 with reference to the grievance of unauthorized recycling/collection/dismantling units, burning, selling of E-waste and other solid waste on the road side/bank of rivers in violation of EWMR and EP Act resulting in groundwater contamination, air pollution and soil acidification. According to the applicant, the e-waste is responsible for 40% of lead and 70% of heavy metals found in landfills.

9. After considering the report in (cid:147)Gadget 360(cid:148) dated 04.06.2018, news item dated 02nd November, 2017, published in Hindustan Times under the title (cid:147)What happens to e-waste: Your junked gadgets come back to you as toxic fumes(cid:148) and report of the Comptroller and Auditor General of India, this Tribunal directed the MoEF&CC, UPPCB and the CPCB to prepare an action plan to ensure enforcement of e-waste and file compliance report.

10. Accordingly, compliance report dated 14.12.2018 was filed which was considered on 12.02.2019 as follows:

(cid:147)

1. A compliance report dated 14.12.2018 has been filed by the MoEF&CC. The report is to the effect that the India is fifth largest producer of e-waste. India produces two million tonnes of e-waste in 2016. The largest e-waste generating cities are Mumbai, Delhi, Bangalore, Chennai and Kolkata. 95% of e-waste is recycled by the informal sector and only 5% is recycled by the formal sector. Scrap dealers collect the e-waste and dispose of the same in unscientific manner such as burning, dissolving in acids and leaching. There is lack of awareness among the consumers. E-waste (Management and Handling)

Rules were framed which came into force on 01.05.2012 requiring the producers of electrical and electronic equipment listed in Schedule-I of the rules to seek authorisation from the State Pol